Court Declares ‘State Of Osun’ Illegal

An Osun State High Court sitting in Ilesa has declared that the the changing of ‘Osun State’ to ‘State of Osun’ by the state government is illegal.

Justice Yinka Afolabi, while delivering the judgment on Thursday challenged the legality of the “State of Osun Land Use Charge Law,” held that the law and its makers were unknown to the 1999 Constitution.

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The case was instituted by Chairman, Nigerian Bar Association, Ilesa branch, Mr. Kanmi Ajibola.

Governor Rauf Aregbesola had changed the name of the state from ‘Osun State’ to ‘State of Osun’ in 2011; but the NBA chairman, argued the decision and approached the court in 2016 to declare it null and void.

After listening to all arguments Justice Afolabi granted all the seven prayers of the plaintiff, while throwing out all arguments by the State Attorney-General, Dr. Basiru Ajibola, who was the counsel for the governor and the state government and that of the Director of Legal Services, Mrs. Rachel Ojinni.

Afolabi further declared that the members of the State House of Assembly, were not sworn in as members of the ‘State of Osun House of Assembly,’ but as members of ‘Osun State House of Assembly,’ going by the Seventh Schedule of the Constitution.

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He said, “The executive governor of the state changed the name in 2011. The renaming of a state goes further and deeper for anyone to single-handedly do.

“To re-order the name of Osun State as “State of Osun” is hereby declared as illegal, null and void.

“On the oath of allegiance, I state that the Seventh Schedule is part of the law. It is not a mere draft or a mere oath. It does not give room for any alteration.

“After deposing to an oath of office, you cannot turn around to do otherwise,” Justice Afolabi stated.

Ajibola said the state government would appeal the verdict at the Court of Appeal.

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